PEOPLE vs.

MARQUEZ AUTHOR: Kyra Sy-Santos

[G.R. No. 181440, April 13, 2011]
TOPIC: Torts; Nominal Damages
PONENTE: Leonardo- De Castro, J.

DOCTRINE: The purpose of the awarding of nominal damages is not to indemnify the plaintiff, but rather to
vindicate or recognize the violation or invasion of his right.

FACTS:
 Marquez entrusted the custody of her 3 month old child, Justine, to Merano as the latter has already gained
her trust.
 However, Merano failed to return Justine to Marquez. Marquez contacted Merano and tried to find her
several times. She was able to get in contact with Merano however the latter always failed to show up.
 Merano later informed Marquez that her baby was with the Sps. Castillos and that she should get her from
them.
 Sps. Castillos refused to give back Justine nd even went through the process of legally adopting her. During
this process, Justine was turned over to the DSWD.
 Marquez charged Merano with Kidnapping under Art. 270 of the RPC.
 Both the RTC and the CA found Merano guilty of the crime charged.
 However, the CA also awarded Marquez nominal damages in addition to the moral and exemplary
damages awarded by the RTC.

ISSUE/S & RATIO:

1. WON Marquez is entitled to the award of nominal damages – Yes
 Article 2221. Nominal damages are adjudicated in order that a right of the plaintiff, which has been
violated or invaded by the defendant, may be vindicated or recognized, and not for the purpose of
indemnifying the plaintiff for any loss suffered by him.
 It took Merano almost a year to legally recover her baby. Justine was only three months old when
this whole debacle began. She was already nine months old when Merano saw her again. She spent
her first birthday with the DSWD. Evidently, Merano’s right as a parent which was violated and
invaded must be vindicated and recognized, thereby justifying the award of nominal damages.

RULING: Since it was proven that the right of the Marquez as apparent was violated, the award of nominal damages to
vindicate her of her rights is just and valid.